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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9133959City of Fort Collins I Date: 07/25/2013 Vendor: 108423 VOGELCONCRETEINC 6330 S COLLEGE AVE FORT COLLINS Colorado 80 PURCHASE ORDER PO Number Page 9133959 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 07/25/2013 1 Buyer: JOHN STEPHEN Note Line Description I Quantity UOM Unit Price txtenaea Ordered Price S.Shields/Westbury Imprvmts WO #VOG-40901810-13 1 LOT LS 45,000.00 II I Total $45,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedeml Excise Tax Exemption Cenncate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. ColoradoRevised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goal'hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due io failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmrtsit, may be returned to you for credit and are not to be replaced except upon mceipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins.- of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this pus �se order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. hereof. I Final Acceptance. Receipt of the mekhandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize tM1at in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P.O.B.,,City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state arnitridt laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. I I Shipment Distance. Where nranufacturersehave distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted Gam Invoice when shipments are made from greater distance.'. Permits. Seller shill promre at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perfommcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the mpresenutives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tens and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. -Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of Gad, acts ofeivil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY: The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications' samples and/or other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods fuiished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done m materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this %aranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but Such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or comcquential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Selleitherea0er indicates its inability, or unwillingness to comply, the Purchaser may muse the work to be perfurmeii by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. I The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shell apply even in/the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contactual obligations, including w'ammly, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhwr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time daring the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mormringing equipmentormodify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability: 16. GOVERNING LAW. The definitions ofterris used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and novened by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services, of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete)the work as, Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle, same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE'/ The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, ra its employees employed on or in connection with the work covered by this purchase order, and/or to their dependia s in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least S300,000 for any one person, S500,000 for any one accident urid property damage limit per accident of S400,000. The Seller shall likewise require his contnclors, if airy, to provide lot such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such umpensatiaa and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained Limit after the entire work is completed and accepted. 19. The 7. CLAIMS FOR ADJUSTMENT. or Any claim for adjustment must be rescued within thirty (30) days from the date the change or temonation is IN ordered. or ch 8. COMPLIANCE WITH LAW. be The Seller ..am that all goods sold hereunder shall have been produced, sold, delivered and famished in strict co compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and pn deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be by incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to Ns, indemnifydand hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the the Sellers failure to comply with such law. an , . ag 9. ASSIGNMENT. ob Neither p5rty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the th, prior written consent ofthe other parry. In, ac 10. TITLE. Os, The Seller win ants full, clear and unrestricted title io the Purchaser for all equipment, materials, and items Punished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest Rn encumbrances and claims of others. I )TECTION AGAINST ACCIDENTS AND DAMAGES. lei hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind 'e whatsoever to persons or property caused by or resulting from the execution offs a work provided for in chase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any ( the Purchasers officers, agents and employees from and against any and all claims, losses, damages, or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his tors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other lings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or on of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or liters, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, i all judgment that nmay be incurred by or obtained against the Purchaser or any of its or their officers, or employees in such suits or other proceedings, and in case judgment or other her be placed upon or d against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, er will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and tractors shall Pike all safety precautions, furnish and install all guards necessary for the prevention of its, comply with all laws and regulations with regard to safety including, but without limitation, the nional Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. J 03/2010